Overview of Landlord-Tenant Laws in Mississippi

Mississippi laws govern some of the landlord-tenant relationship, including security deposits, late rent, and evictions. Many aspects of the landlord-tenant relationship are left to agreement between the landlord and tenant, though. Here's a breakdown of key laws that affect nearly all Mississippi landlords and tenants.

Mississippi Rental Application and Tenant Screening Laws

Mississippi law regulates very little of the tenant application and screening process.

Application Fees

There is no law in Mississippi that prohibits landlords from charging an application fee.

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Mississippi landlords are free to charge reasonable amounts for tenant screening reports.

Criminal History Screening

Mississippi does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Unlike most other states, Mississippi doesn't have its own fair housing act, but landlords in Mississippi must still follow the federal laws. Cities and counties within Mississippi might also expand the list of prohibited forms of discrimination.

For more information about fair housing in Mississippi, see the Mississippi Development Authority's pamphlet on fair housing and equal opportunity.

Mississippi Security Deposit Laws

Mississippi doesn't set a cap on how much landlords can charge for a security deposit.

Landlords can keep part or all of the security deposit after sending written notice to the tenant itemizing the amounts the landlord is claiming. Any remaining portion of the security deposit must be returned to the tenant no later than 45 days after the tenancy ends and the tenant demands return. (Miss. Code § 89-8-21 (2024).)

Required Landlord Disclosures in Mississippi

In many states, landlords must disclose specific information to tenants and potential tenants. However, Mississippi law doesn't require landlords to make any disclosures when renting their property. Mississippi landlords are required to follow federal lead-based paint disclosure rules, though.

Mississippi Late Fees and Other Rent Rules

In Mississippi, rent is due on whatever day the landlord and tenant agree to.

Grace Periods and Late Fees

Mississippi does not require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Mississippi landlords can charge late fees, and there is no cap on how much they can charge. Most judges won't enforce unreasonable late fees, though. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.

Rent Increases

Mississippi landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, Mississippi law doesn't specify the amount of notice landlords must give to raise the rent. A reasonable amount of notice would likely be the same length of time that the agreement is for: 30 days.

Mississippi Landlords Must Provide Habitable Rentals

Like landlords in all states, Mississippi landlords must provide rentals that are safe and fit for human habitation. Specifically, Mississippi landlords must:

• comply with applicable building and housing codes that materially affect health and safety, and
• maintain the rental and its plumbing, heating, and cooling systems in substantially the same condition as they were at the beginning of the tenancy.

In some situations, landlords and tenants can agree to have a tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but the agreement must be entered into good faith. (Miss. Code § 89-8-23 (2024).)

Tenant Remedies in Mississippi

When a landlord fails to perform required maintenance, Mississippi tenants might have the option of repairing the problem and deducting the cost of the repairs from their rent.

The tenant must notify the landlord in writing of the problem. If the landlord doesn't repair the problem within 30 days, the tenant can repair the issue on their own. The tenant is entitled to reimbursement of the expenses of the repair within 45 days of submitting to the landlord receipts for the work, as long as:

• the tenant has fulfilled all their duties under the lease, such as keeping it in good condition
• the expense of the repairs isn't more than one month's rent
• the tenant hasn't used this repair-and-deduct remedy within the past six months, and
• the tenant is current with their rent.

(Miss. Code § 89-8-15 (2024).)

When a landlord has committed a "substantial violation" of the lease or rental agreement, the tenant also has the right to terminate their tenancy without notice. (Miss. Code § 89-8-19(4) (2024).) However, any tenant considering this as a remedy should consult with a local landlord-tenant lawyer to ensure that the landlord's violation rises to the level that a judge would consider serious enough to end the tenancy. Otherwise, the tenant might still be on the hook for paying rent for the time remaining under the lease or rental agreement.

Small Claims Lawsuits in Mississippi

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims court in Mississippi (Justice Court) can hear cases in which the plaintiff—the person suing—isn't asking for more than $3,500. The Justice Court can also hear eviction cases.

Small claims court procedures tend to be simpler than those of regular courts, and although Mississippi allows parties to have lawyers, many people represent themselves.

Mississippi Termination and Eviction Rules

Mississippi landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to evict a tenant in Mississippi before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Mississippi include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. In Mississippi, the notice can be delivered to the tenant via email or text if the tenant has agreed in writing to receive notices via email or text. The type of notice depends on the situation.

• 3-day notice to pay rent: When a tenant fails to pay rent on the due date, the landlord can give the tenant a written 3-day notice to pay rent or quit (move out). If the tenant doesn't pay rent or move out within three days, the landlord can file an eviction lawsuit. (Miss. Code § 89-8-13(5) (2024).)
• 14-day notice to remedy or quit: When a tenant violates the lease in a way that can be fixed, the landlord can give the tenant a written 14-day notice. The notice must inform the tenant that the tenant has 14 days to fix the lease violation or move out of the rental unit. If the tenant does neither, the landlord can file an eviction lawsuit. (Miss. Code § 89-8-13(3)(a) (2024).)
• Unconditional 14-day notice to quit: When a tenant violates the lease in the same way a second time within six months of the first violation, and the landlord had issued a 14-day notice to remedy or quit for the first violation, the landlord can give the tenant an unconditional 14-day notice to quit. This means that the tenant doesn't have the opportunity to fix the problem, and must move out within 14 days of receiving the notice. If the tenant doesn't move out, the landlord can file an eviction lawsuit. (Miss. Code § 89-8-13(3)(b) (2024).)
• No notice required: When the violation is a substantial violation of the lease or rental agreement, or is something that materially affects health and safety, no notice is required. The landlord can immediately file an eviction lawsuit. (Miss. Code § 89-8-19 (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a written month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant a 30-day notice to vacate. The notice must inform the tenant that the tenancy is ending in 30 days and that the tenant must move out by this date. If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (Miss. Code § 89-8-19 (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it.

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.

Illegal Evictions

In most states, the only way for a landlord to physically remove a tenant and the tenant's belongings from a rental is by getting a court order and having a law enforcement officer execute the order. However, Mississippi law allows landlords and tenants to agree to waive notice for an eviction and allow the landlord to remove the tenant's belongings without assistance from law enforcement in limited circumstances. The waiver must be in the written lease, and the landlord can't use force to get into the rental—for example, the landlord can't break a lock or a window to gain access. (Clark v. Service Auto Co., 108 So. 704 (Miss. 1926).)

Mississippi Rules About Landlords' Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Otherwise, in Mississippi, landlords have no right to enter a rental unless the lease or rental agreement specifically gives them the right to do so.

Mississippi law also allows landlords to get a court order to enter a rental when they believe that the tenant has abandoned the rental. (Miss. Code § 89-7-49 (2024).)

Where to Find Mississippi Landlord-Tenant Laws

If you want to read the text of a law itself, visit the Mississippi Secretary of State's website. Because much of the relationship between landlords and tenants is left up to agreement between the parties, it can also be helpful to consult a local legal aid office or attorney for assistance. Also, MSLegalServices.org has an excellent online outline of Mississippi landlord-tenant law.

Local Ordinances Affecting Mississippi Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Mississippi and then search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Mississippi.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Mississippi. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide